Tanui v Republic [2024] KEHC 14689 (KLR)

Tanui v Republic (Criminal Revision E538 of 2024) [2024] KEHC 14689 (KLR) (25 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14689 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Revision E538 of 2024

PN Gichohi, J

November 25, 2024

Between

Collins Tanui

Applicant

and

Republic

Respondent

Ruling

1. This file has been brought up for Revision in order to decongest the Nakuru GK prison.

2. The Applicant (Collins Tanui) was charged in Molo MCCR E900 of 2024 with the offence of Burglary contrary to section 304 (2) and stealing contrary to section 279 (b) of the Penal Code.

3. The particulars are that on the diverse dates between 28th March and 2nd April at Olenguruone town in Kureso South Sub County within Nakuru County, broke and entered into the dwelling house of Ann Cherop Langat with intent to steal and therein stole one bed, two plastic basins, one lantern lamp, one hacksaw, three tables, four blankets, carpet, two frying pans, a jembe, a pair of leather shoes, 2 (two) sweaters, sofa set, bicycle frame, two stools and school books all valued at Ksh.45,800/=.

4. He pleaded guilty and was sentenced to three (3) years imprisonment.

5. The Sentence Review Report by the Probation officer, Molo dated 20th November, 2024 found the Applicant suitable for Community Service. It is recommended that he be placed on Community Service Order for one (1) year at Mau – Summit police station.

6. This case is suitable for Revision. The Applicant is now to serve the reminder thereof under Community Service Order for one (1) year at Mau – Summit police station.

7. The terms will be explained to him.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 25THDAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentRuto - Court Assistant